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Three more cases in Ketchikan; citizens ordered to shelter in place

Suzanne Downing
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1
Three more cases in Ketchikan; citizens ordered to shelter in place

The Alaska Department of Health and Social Services says there are three new positive cases of COVID-19 in Ketchikan, for a total of six.

The three individuals, upon experiencing symptoms of illness, self-isolated and sought testing by a local provider, according to Ketchikan Emergency Operations.

Two of the individuals were close contacts to the first identified positive case in Ketchikan. One of the individuals was a close contact with the second identified positive case in Ketchikan.

The mayors of the City of Ketchikan and the Ketchikan Gateway Borough have issued a “shelter in place” order, as follows:

Joint Mayoral Proclamation Under State of Emergency to Shelter in Place

Because the COVID-19 virus is so highly contagious, it has already spread rapidly in Ketchikan. In the last few days we have gone from one positive case to six positive cases. This rapid spread is known as exponential growth. If the growth continues at the current rate, by the end of the week Ketchikan could have over 20 positive cases of COVID-19 in the community. We need to stop the spread now.

Due to the exponential spread of the COVID-19 virus in Ketchikan, and in accordance with the recommendations of the Ketchikan Emergency Operations Center (EOC), the mayors of the City of Ketchikan, City of Saxman, and Ketchikan Gateway Borough have issued a joint proclamation strongly urging the citizens of Ketchikan to hunker down, shelter in place, and stay home, in order to contain the spread of COVID-19.

In keeping with the mandates issued by Governor Dunleavy on March 21, 2020, we remind our citizens to practice social distancing and that no gatherings of more than 10 people may take place, and if a gathering does take place people must be 6 feet apart from each other. Owners of businesses which are non-essential, to the extent possible, are urged to close for a period of at least 14 days.

We want to assure the public that vital services such as emergency, fire, police, and grocery stores will remain fully functioning and open and available. The flow of goods to Ketchikan is continuing and grocery store shelves will remain stocked.

Residents who are healthy and do not believe they have been exposed to COVID-19 may shop at grocery stores, but are asked to do without lingering. If you go out, practice health directives such as handwashing and social distancing by staying six feet away from others. Please help stop the spread of COVID-19 in Ketchikan. We encourage citizens to follow these CDC recommendations:

  • Wash your hands with soap and water often;
  • Avoid touching your nose, face and mouth;
  • Use sanitizer that is at least 60 percent alcohol;
  • Avoid people who are sick to help protect yourself;
  • To protect others, stay home if you are sick, cover coughs and sneezes, clean and disinfect surfaces,and remember that you could be asymptomatic but still carrying the virus.If you are sick or suspect that you may be infected with the COVID-19 virus, you should take steps to help prevent the disease from spreading to people in your home and community. If you think you have been exposed to COVID-19 and develop a fever and symptoms, such as cough or difficulty breathing, call your healthcare provider for medical advice. Additional current information on COVID-19 is available through the Alaska Department of Health and Social Services (DHSS) at www.coronavirus.alaska.gov. EOC information and the response to the COVID-19 outbreak in Ketchikan is updated daily on the COVID-19 Response page at https://www.kgbak.us/913/COVID-19-Response.

Mayor Berkowitz’ order says pot, liquor stores can stay open, but gun shops to close

Suzanne Downing
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70
Mayor Berkowitz’ order says pot, liquor stores can stay open, but gun shops to close

MARIJUANA, LIQUOR ARE ESSENTIAL; GUN SALES NOT SO MUCH

Need a bouquet of flowers from your local florist? A new tube for your flat-tire bike? How about a new firearm or some ammo?

Get going now, Anchorage. You’re running out of time.

All businesses in Anchorage have been ordered closed on Sunday at 10 pm, except for those that Mayor Ethan Berkowitz of Anchorage has deemed critical. The order to remain closed lasts through March 31. That includes gun shops.

Small businesses will be hit the hardest during this closure. While a family florist’s merchandise will perish within a few days, the flower departments at Carrs and Fred Meyer, backed by major parent companies Safeway and Kroger, will continue to be open for business, because those flower shops are inside the grocery stores.

There are workarounds. Some small businesses are interpreting the rules by saying they do delivery and they’ll allow curbside pickup. You just cannot go in their small stores. They’ll continue to do business until the police come and shut them down.

Meanwhile, grocery stores in Anchorage are now packed to the gills as though it is Thanksgiving. Shoppers are more exposed to each other in grocery stores at this point than they would be at a flower shop.

Liquor stores are not specifically on the mayor’s list for critical businesses, but he mentions stores that sell “beverages” are considered essential, and so the liquor stores are sticking with that policy and will remain open.

Animal shelters are not included on the mayor’s list of exemptions; according to his list, they will close on Sunday night.

Critical businesses that may remain open include:

  1. Businesses providing any services or performing any work necessary to the operations and maintenance of”Critical Infrastructure,” including, but not limited to, the Port of Alaska, public works construction, construction of housing, airport operations, water, sewer, gas, electrical, oil production, roads and highways, trucking and shipping companies, public transportation, solid waste collection and removal, internet, and telecommunications systems;
  2. First responders, emergency management personnel, emergency dispatchers, court personnel, and law enforcement personnel;
  3. Critical Government Functions, meaning all services needed to ensure the continuing operation ofthe government agencies and provide for the health, safety, and welfare of the public. Federal and State of Alaska employees should follow direction of their employer regarding whether and where to report to work;
  4. Defense and national security-related operations supporting the U.S. Government or a contractor to the U.S. government;
  5. Grocery stores, supermarkets, food banks, pot shops, convenience stores, and other establishments engaged in the retail sale of food, beverages, or other household consumer products (such as cleaning and personal care products, pet food and pet supplies). This includes stores that sell groceries and also sell other non-grocery products, as well as stores that sell products necessary to maintaining the safety, sanitation, and operation of residences;
  6. Food cultivation, including fishing, hunting, farming, and livestock;
  7. Businesses that provide food, shelter, and social services, and other necessities of life for economically disadvantaged, unsheltered, or otherwise vulnerable individuals;
  8. Newspapers, television, radio, and other media services;
  9. Gas stations and auto-supply, auto-repair, towing companies, and related facilities;
  10. Banks, mortgage companies, insurance companies, and related financial institutions;
  11. Hardware stores;
  12. Plumbers, electricians, exterminators, and other service providers who provide services that are necessary to maintaining the safety, sanitation, and operation ofresidences and critical businesses;
  13. Businesses providing mailing and shipping services;
  14. Educational institutions for purposes of facilitating distance learning;
  15. Laundromats, dry cleaners, and laundry service providers;
  16. Restaurants, bars, and breweries and other facilities that prepare and serve food and beverages, but only for delivery or carry out under the restrictions laid out in the Mayor’s Emergency Order E0-01;
  17. Businesses that supply products needed for people to work from home;
  18. Businesses that supply other critical businesses with the support or supplies necessary to operate;
  19. Businesses that ship or deliver groceries, food, goods or services directly to residences;
  20. Businesses that provide transportation services of passengers or goods, including the Alaska Railroad;
  21. Home-based care for seniors, adults, or children;
  22. Hotels, residential facilities and shelters for seniors, adults, and children;
  23. Professional services, such as legal or accounting services, when necessary to assist in compliance with legally mandated activities;
  24. Childcare facilities, subject to new recommendations for increased hygiene and social distancing. Childcare facilities should be used only by those who need childcare to work at a critical job.

If business owners do not see their business category on the list, they may ask the mayor for an exemption.

Also beginning at 10 pm on Sunday, March 22, all residents of the Municipality of Anchorage must stay at home as much as possible, except to work in certain critical jobs, to get food and supplies, to receive or provide healthcare and to recreate outside without contacting others. 

On the limited occasions when individuals leave home, they should maintain a distance of at least six feet from anyone outside their household, the mayor ordered.

Although the gun sales are locked down in Anchorage as of Sunday night, Southcentral residents still may be able to find open gun stores in the Mat-Su Valley.

Political judges invite political pressure

GUEST CONTRIBUTOR
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Political judges invite political pressure

By LOREN LEMAN

The Alaska Supreme Court has received an unusual amount of criticism lately, as it grapples with litigation challenging the effort to recall Governor Dunleavy. Chief Justice Joel Bolger, speaking at the 2019 Alaska Federation of Natives convention, said, “…we are facing a great deal of political pressure.”

Under different circumstances, I might empathize with his plight. However, the court’s troubles are mostly self-inflicted. When judges impartially interpret the law, we tend to leave them alone.

But when they instead impose their political ideology, disguised by a thin veneer of legal rhetoric, we respond differently. When judges behave like politicians, the public will naturally treat them like politicians.

Evidence of the court’s political activism stretches back decades. In 1970, in a case called Baker v. City of Fairbanks, the Supreme Court astonishingly claimed they possessed the “liberty to make constitutional progress” by writing their own interpretations of our Constitution into the law.

“It is our duty,” the Court declared, “to move forward in those areas of constitutional progress which we view as necessary to the development of a civilized way of life in Alaska.” “[W]e are free,” they told us, “and we are under a duty to develop additional constitutional rights and privileges…”

Let those words sink in. If a legislator wants to amend our constitution, it is an arduous process. A resolution must be introduced, committee hearings are held, and the proposed amendment must be approved by a two-thirds supermajority in both the House and the Senate. That by itself is an incredibly high hurdle.

But then the amendment must be placed before Alaska’s voters, and the supporters must be prepared to wage an expensive statewide campaign. I know—I have been involved in four successful amendments as a legislator.

Yet the Court declared that just three unelected judges can change the substance of the constitution, regardless of voter intent. The Baker decision is not some forgotten relic that is ignored by the court today. On the contrary, it is frequently quoted approvingly in modern-era decisions whenever the court tries to justify a ruling with no basis in either constitutional or statutory law.

For example, the court cited Baker in its 1997 Valley Hospital decision, in which it opined that abortion is a state constitutional right. Look hard to find the word “abortion” in the constitution – you won’t find because it’s not there. Nor did our constitutional convention in 1955-1956 mean to create a right to abortion. Abortion was illegal in the Territory—and it remained so for more than 11 years after Alaska became a state.

The fraudulent “right to abortion” has been interpreted in bizarre ways. In 1997, as a State Senator, I introduced a bill to ensure that a doctor could not perform an abortion on a minor girl without a parent’s consent. About 40 states have similar laws, and the U.S. Supreme Court has repeatedly upheld them. Yet the Alaska Supreme Court struck down this law, simply because 3 of 5 justices said they preferred a law requiring only parental notification.

Though I strongly disagreed with the decision, one-parent notification is better than none at all and I took the court at its word. In 2010, I was one of three citizen sponsors of a ballot initiative to enact a parental notice law. It was approved by 56 percent of Alaska’s voters.

Shockingly, the Supreme Court reneged on its earlier promise, and declared the notice law “unconstitutional.” Its decision is 64 pages of convoluted legal nonsense. Justice Craig Stowers, as the sole dissenter, wrote, “The court’s decision today… makes a mockery of its earlier proclamations of the proper and fundamental role parents have traditionally played in their children’s lives.” I agree.

The late U.S. Supreme Court Justice Antonin Scalia once criticized his liberal colleagues on the court, writing, “The Court must be living in another world. Day by day, case by case, it is busy designing a constitution for a country I do not recognize.” Alaska’s judges are guilty of the same behavior. They have worked for decades to design a state constitution that is getting harder to recognize. Under these circumstances, pressure the Court considers political is not likely to abate any time soon.

Loren Leman is an engineer and fisherman who served 14 years in the Legislature and one term as Lieutenant Governor, from 1989 through 2006. He and his wife Carolyn live in Anchorage.

###

Alaska Supreme Court: Recall to be argued by phone, out of sight of Alaskans

Suzanne Downing
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15
Alaska Supreme Court: Recall to be argued by phone, out of sight of Alaskans

FULL SPEED AHEAD FOR PURELY POLITICAL MATTER

State emergency? National crisis? No worries. The Alaska Supreme Court will hear oral arguments on Wednesday, March 25 in a purely political matter — the partisan attempt to recall Gov. Mike Dunleavy.

For the State Department of Law, one lawyer — Margaret Paton-Walsh — will represent the Division of Elections, which decided the merits of the recall case did not qualify for a recall. She will argue that the law and Alaska Constitution never intended that the recall process should be used for frivolous partisan and policy disputes over how large the budget cuts should be in a time of fiscal crisis. She’ll argue that appointing a judge a few days after the statutory deadline is not the same as “breaking the law,” especially when there was no judicial vacancy. She’ll argue that all communications from the Governor’s Office are political, and that attacking a governor for being political is absurd, when he occupies a political office.

For the Recall Dunleavy Committee, former members of the Walker Administration will argue that it’s not for the Division of Elections to decide what is worth a recall — they followed the process outlined by Alaska Statute to the letter. Former Attorney General Jahna Lindemuth and former Walker Chief of Staff Scott Kendall will tell the Supreme Court that it’s up to voters to decide the merits of the recall, not for the Division of Elections.

The two lead lawyers from the Walker Administration won’t be alone, however. They have three support lawyers in Anchorage-based Samuel Gekler Gottstein and Susan Orlansky, and Seattle super lawyer Jeffrey Feldman.

One lawyer against five lawyers seems daunting, but in fact most Alaska political and legal observers think the Supreme Court has already made up its mind and that this is merely a small bump in the road for the Recall Dunleavy Committee.

Last month, Chief Justice Joel Bolger was pressured to recuse himself from the case because he had made several statements that appeared prejudicial against Gov. Mike Dunleavy. He eventually relented.

Another Supreme Court justice is married to a highly compensated employee at the University of Alaska, an organization that took a 17 percent cut from the Dunleavy Administration in last year’s budget, and will get a similar cut this year. If Dunleavy is removed from office, the University may escape a cut that the Board of Regents negotiated with Dunleavy for next year. That justice, Daniel Winfree, has a direct conflict of interest due to his wife’s job, but has not recused himself.

[Read: Under pressure, chief justice recuses himself from recall case]

The arguments in front of the Supreme Court will be heard via telephone, since the courts are practicing social distancing as a result of fears over the COVID-19 coronavirus. All criminal jury trials have been postponed for now, but it appears the Supreme Court wants to clear this political trial off of its calendar.

The Alaska Supreme Court advises that the public may be able to witness the event by watching Gavel Alaska, although there is no guarantee that the public station will be broadcasting it. No members of the public will be allowed in the courtroom.

Not all oral arguments are videotaped and with the State ban on nonessential travel, there’s no guarantee this one will be available. Sometimes these Supreme Court arguments broadcast are broadcast live and one with the level of interest this case generates will surely fall into that category with Juneau-based KTOO, which operates Gavel Alaska. That is, if the current Anchorage shelter in place orders from the mayor and the current travel bans from the Department of Health and Social Services do not apply.

Oral arguments before the Alaska Supreme Court typically air on Sundays, from 4 p.m. to 7 p.m. Check the Gavel Alaska website for the schedule.

Here is the exact recall petition language that will be considered by the Supreme Court at 1:30 pm on March 25:

Statement of Grounds: Neglect of Duties,Incompetence, and/or Lack of Fitness, for the following actions:

  • Governor Dunleavy violated Alaska law by refusing to appoint a judge to the Palmer Superior Court within 45 days of receiving nominations.
  • Governor Dunleavy violated Alaska Law and the Constitution, and misused state funds by unlawfully and without proper disclosure, authorizing and allowing the use of state funds for partisan purposes to purchase electronic advertisements and direct mailers making partisan statements about political opponents and supporters.
  • Governor Dunleavy violated separation-of-powers by improperly using the line-item veto to: (a) attack the judiciary and the rule of law.
  • Governor Dunleavy acted incompetently when he mistakenly vetoed approximately $18 million more than he told the legislature in official communications he intended to strike. Uncorrected, the error would cause the state to lose over $40 million in additional federal Medicaid funds.

Two more cases: Ketchikan, Fairbanks; travel restricted

Suzanne Downing
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14
Two more cases: Ketchikan, Fairbanks; travel restricted

WIDE-REACHING MANDATES REACH EVERY CORNER OF THE STATE

Two new cases of COVID-19 have been identified in Alaska today, one in Ketchikan and the other in Fairbanks. Ketchikan is a travel associated case. the one in Fairbanks is unknown.

That brings the total number of COVID-19 cases known to be in Alaska to 14, but testing will certainly be revealing the virus has spread further.

TRAVEL ADVISORY

The State of Alaska has issued a travel advisory, recommending all Alaskans cease non-essential travel, and those who are out of state return home now, if they plan to return in the near future. Those who are in Alaska who live out of state should return to their home communities now.

Airlines have been asked to suspend reservations from out-of-state visitors. Any traveling employee returning to the state is expected to self-quarantine for 14 days.

The State strongly recommends nonresidents do not travel to remote regions in Alaska where there is little medical care available.

Any returning resident is required to self-quarantine, said Dr. Anne Zink, chief medical officer for the State of Alaska.

“A test does not clear you. That 14-day restriction is what can help,” she said.

“This is a call to action for all Alaskans. The importance of slowing down now. It’s critical. We think in a linear term, and this virus moves in an exponential way,” she said. She made a special plea to young people, who are likely going to be unwitting carriers of the virus, which can be lethal for their grandparents as well as those who are weakened from other medical conditions.

KETCHIKAN AND FAIRBANKS MANDATES

Commissioner Adam Crum announced Health Mandate 7: The closure in Ketchikan and Fairbanks of all hair salons, barber shops, acupuncturists, massage therapists and any other professional who works in close contact with clients, except for medical doctors. The order reads as follows:

Mandate 7.1 – Fairbanks North Star Borough & Ketchikan Gateway Borough – Personal Care Services and Gatherings 

  1. Effective immediately all business, congregations, or gatherings in the Fairbanks North Star Borough and the Ketchikan Gateway Borough where individuals are within 6 feet of each other must stop all operations. This includes:
    • Hair salons
    • Day spas and esthetics locations
    • Nail salons
    • Barber shops
    • Tattoo shops
    • Body piercing locations
    • Massage therapy locations
    • Tanning facilities
  2. Additionally no gatherings of more than 10 people may take place, and if a gathering does take place people must be 6 feet apart from each other.
  3. This Mandate prohibits the delivery of services in any of the above business locations by individuals holding licenses issued by the Board of Barbers and Hairdressers, Board of Chiropractic Examiners, and Board of Massage Therapists.
  4. This Mandate prohibits operations for rolfing, reiki, acupuncture, acupressure, and similar services.
  5. This Mandate prohibits licensed massage therapist services spas.
  6. This Mandate prohibits business operations to continue at tanning facilities.
  7. The prohibitions in this Mandate apply to services that may be delivered in the customer’s home or in the home of the licensee.
  8. This order shall take effect immediately and remain in full force and effect until the Governor rescinds or modifies the order.

This mandate does not include urgent, and emergent health care needs, nor health care facilities, however, health care facilities must do risk assessment screening prior to entering the facility. 

People in Ketchikan and Fairbanks, outside their immediate families, should not get closer to each other than six feet, he said. All gatherings in these communities that have more than 10 people are currently banned, and even the small gatherings must observe the six-foot rule.

He also announced Health Mandate 8: All public and private schools across the state are closed through May 1. Students must learn with distance delivery:

Mandate 8.1 – State of Alaska – Public and Private Schools 
Public and private schools are closed to students through May 1, 2020. Students will receive instruction through distance delivery methods. All after school activities will be suspended during this time.

Crum made a plea for blood donors, and also for volunteers to sign up to work at hospitals, and get their credentials now. He said volunteers will be needed in the days ahead.

Berkowitz orders citizens to ‘hunker down’ at home now

Suzanne Downing
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17
Berkowitz orders citizens to ‘hunker down’ at home now

Mayor Ethan Berkowitz has ordered Anchorage residents to stay home, except when they need to go to critically important jobs, or to buy groceries, or receive or provide health care. He labeled it an “emergency hunker down order.” Details of his “shelter-in-place” order are linked below.

The mayor has broad powers under the current state of emergency, but there is no penalty specified for those who disregard it.

“On the limited occasions when individuals leave home, they should maintain social distancing of at least six feet from any person outside their household whenever possible. Individuals are also encouraged to practice recommended hygiene, including regular hand washing,” his order says.

Those who are homeless are exempt but are urged to seek shelter and Berkowitz asked shelter providers to make shelter available. However, they need to keep clients six feet apart.

Stores are also being asked to make sure shoppers remain six feet apart, including when they are in line to cash out.

Anyone more likely to be contagious with COVID-l9 should reduce contact with others even further, he said by not leaving home except to obtain medical care or to get fresh air.

People who are more likely to be contagious include individuals exhibiting symptoms of COVID—l9 (including coughing. shortness of breath, and fever) and individuals who have recently traveled.

Individuals who have recently travelled outside the Municipality are advised, in accordance with CDC guidelines to stay at home as much as possible for 14 days. Household members of those who are possibly contagious should implement these more stringent guidelines as well, he said.

Read the order from Mayor Berkowitz hereDownload

Recall Dunleavy group moves to ‘sign at home’

Suzanne Downing
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11
Recall Dunleavy group moves to ‘sign at home’

In a desperate effort to restart their attempt to remove the governor of Alaska in the middle of an international emergency, the Recall Dunleavy Committee has moved to a “sign at home” method of getting signatures for recalling Gov. Mike Dunleavy.

Earlier this week, under pressure from their own supporters, the Recall Dunleavy Committee stopped all public signature gathering by their paid petition carriers, such as this man spotted at the Midtown Mall in recent days.

“All registered Alaska voters may now request a personal household Recall petition booklet by mail,” the committee wrote.

To comply with the law, but the Recall committee says people may instead self-certify “under penalty” their signatures before turning them in. Those books, no doubt, will come under greater scrutiny.

They’ll also cost the recall group money. The Division of Elections produced, at public expense, 1,200 booklets for the initial effort to recall the governor, and these additional booklets will have to be paid for by the Recall Dunleavy Committee.

Some people who are opposed to the recall have noted to Must Read Alaska that they will be requesting the personal household booklets.

Villages, tribes begin locking down travel to communities

Suzanne Downing
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5
Villages, tribes begin locking down travel to communities

TRIBAL COUNCILS SET QUARANTINE

The Village of Grayling, population about 200, has issued a travel ban for everyone in the village, prohibiting all inter-village travel. For those leaving the village, they will not be able to return for at least 30 days and they will need to provide a proof of screening for COVID-19.

Other villages in rural Alaska are issuing similar lockdowns, although Grayling’s tribal council may be the most stringent. Grayling is represented by Senator Lyman Hoffman and Rep. Tiffany Zulkosky.

Must Read Alaska has learned that Kalskag has also closed its doors as has Scammon Bay. Some 700 people are affected between those two communities. On Monday, Holy Cross is planning to quarantine its 150 residents, according to MRAK sources.

Such tribal rules are not always applied equally in communities among the various Native and non-Native residents. It’s unclear how mail and health care will be delivered to these communities and how their fragile water systems that require constant monitoring will be maintained if there is a breakdown and workers cannot be flown in.

In a time of COVID, tribal sovereignty bill passes House

Suzanne Downing
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3
In a time of COVID, tribal sovereignty bill passes House

The Alaska House of Representatives has voted to officially recognize the 229 federally recognized tribes in Alaska.

Rep. Chuck Kopp, the sponsor of House Bill 221, said the bill is a way to end colonial thinking in Alaska. It passed 31-5, with a conservative bloc of Republicans voting against it that included Reps. Ben Carpenter, David Eastman, Mike Prax, Delena Johnson, and Colleen Sullivan-Leonard.

Proponents said it was largely symbolic, but those opposed to it worry it will allow governmental sovereignty and a patchwork of new fiefdoms that are independent from State sovereignty but receive money from State government.

But that already happened under the Walker Administration in 2017, when former Attorney General Jahna Lindemuth, who now leads the Recall Dunleavy Committee’s legal team to remove Gov. Mike Dunleavy, ruled that the existence of a tribal government does not even require a federal determination. She determined tribes in Alaska are sovereign in ways that were not explicitly extinguished by the Alaska Native Claims Settlement Act.

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